JUDGMENT

1. This is a petition seeking setting aside of the order on charge dated 09.01.2023 and formal order on charge dated 13.01.2023 in Case No. 20/2022, CC No. 28/2022, RC No. 12(s)/2021/(0532021S0012), at P.S. CBI/SCB/Lucknow in FIR No. 391/2021, whereby charges u/s 302/323/325/201/218/149/34/120B IPC have been framed against the Revisionist.

2. The brief facts of the case are:

i. FIR No. 391/2021 dated 29.09.2021 was registered against SHO Jagat Narayan Singh (Revisionist herein), SI Akshaya Mishra, SI Vijay Mishra and three other police officials on the complaint of Smt. Meenakshi Gupta (wife of deceased Manish Gupta).

ii. On 27.09.2021, the deceased Manish Gupta, along with two other people checked-in room no. 512 of Hotel Krishna Palace, Gorakhpur. In the intervening night of 27/28/09.2021 at about 12:00 am, the Revisionist, along with other accused police officers, including SI Akshay Kumar Mishra, Constable Prashant Kumar, and Head Constable Kamlesh Singh Yadav, arrived at the Hotel. Upon inquiring with the Hotel Manager (Aadarsh Pandey), the accused persons were informed that room No. 512 was occupied by three individuals from different districts of UP and Haryana. This prompted them to check the room. They knocked on the door, which was then opened by Harbir. Upon entering the room, the Revisionist requested Harbir to provide his identity card and explain the purpose of his visit to Gorakhpur. Harbir presented his own ID and the ID of Pradeep Kumar, who was asleep at the time, and requested that the deceased, Manish Gupta, also shows his ID to them.

iii. It is alleged that the Revisionist asked the occupants of the said room to go with them to the police station for further inquiry. In between, the deceased Manish Gupta called his friend Durgesh Vajpai for help.

iv. It is further alleged that Harbir and Manish were abused and beaten by the accused persons i.e, the Revisionist, SI Akshay Kumar Mishra and Constable Prashant Kumar. When the deceased Manish Gupta protested from being taken out of the room, the Revisionist allegedly pushed the forehead of the deceased against a wall, as a result of which he lost consciousness and fell on the floor- face first. Efforts were made to bring the deceased back to consciousness, but he did not move.

v. Subsequently, with the help of the Hotel staff, the deceased was brought from his room to the ground floor and the Revisionist, along with other police officials took him to the hospital wherein he was declared dead.

vi. After initial investigation of this case by SIT, Gorakhpur, the investigation was transferred to SIT Kanpur on 02.11.2021. The government of U.P. issued a notification on 22.10.2021 for transferring the investigation to CBI. Accordingly, on 02.11.2021, the CBI registered the present RC and filed chargesheet against the Revisionist for the offences u/s 302/323/325/201/218/149/34/120B IPC.

vii. Vide order dated 09.01.2021, the learned Trial Court was pleased to order for framing of charges u/s 302/323/325/506/218/201 r/w 34/120-B/149 of IPC against the Revisionist Jagat Narayan Singh and vide order dated 13.01.2023, charges were framed against the Revisionist including section 302 IPC.

SUBMISSIONS ON BEHALF OF THE REVISIONIST

3. Mr. Mohan, learned counsel for the Revisionist submits that it is an admitted case of the prosecution that Sh. Vipin Tanda, the then S.S.P Gorakhpur directed the Revisionist and other police officers of the district to visit and check hotels to prevent any illegal activity in view of prevailing law and order situation. Hotel Krishna Palace was falling within the jurisdiction of P.S Ramgarh Tal where the Revisionist was posted as the SHO.

4. Thereafter, the Revisionist directed his subordinate staff to accompany him to various hotels including Hotel Krishna Palace. He further submits that it is also an admitted case of the prosecution that when Mr. Aadarsh Pandey (receptionist of Hotel Krishna Palace) was asked to show the IDs of all the occupants of